Regulations

These Terms and Conditions shall govern all use of the online Shop at http://sklep.annes.pl com by all Users.

The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the Shop located at http://sklep.annes.pl, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.

By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.

To all matters not settled herein the following provisions of Polish law shall apply:

Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.

§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

REGISTRATION FORM − shall refer to the electronic form available at http://sklep.annes.plrequired for Account registration.

ORDER FORM – shall refer to the electronic form available at http://sklep.annes.pl, required for Order placement.

CUSTOMER – shall refer to a Consumer-User concluding a Sales Agreement with the Seller.

CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.

ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.

NEWSLETTER - shallrefer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.

PRODUCT – shall refer to any movables or services which are the subject of by a Sales Agreement concluded between the Customer and the Seller via the online Shop.

TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.

SHOP − shall mean the Service Provider’s online Shop located at http://sklep.annes.pl.

Products offered through the Shop are brand new,free from physical or legal defects and have been legally introduced onto the Polish market.

The information provided on the http://sklep.annes.pl website does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.

The Product prices at http://sklep.annes.pl are given in Polish Zloty (PLN) or Euro (EUR) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees.

The Product prices at http://sklep.annes.pl only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.

Orders can be placed:

through the website 24 hours a day, 365 days a year by completing an Order Form at http://sklep.annes.pl.

Via e-mail at: sprzedawca@sklep.annes.pl,

by telephone: 505 876 029.

The Customer is not required to register an Account to place an Order.

Customers are required to read and acknowledge these Terms and Conditions before Order placement.

Orders are processed between: 7:00 and 15:00, Monday to Friday on Working Days. Orders placed after 14:00on Working Days as well as Orders placed on a Saturday, Sunday or a public holidayshall be processed the next Working Day.

Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.

§ 4

CONCLUDING SALES AGREEMENTS

In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 8, by choosing one of the methods made available by the Seller.

After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.

Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.

The Order confirmation email shall include the following elements:

confirmation of all relevant Order details,

model statement of withdrawal from the agreement,

these Terms and Conditions containing information on the right of withdrawal.

After receiving the confirmation email, as set forth under point 4, the Sales Agreement between the Customer and the Seller is finally concluded.

Each Sales Agreement shall be confirmed by a proof of purchase (a fiscal receipt) attached to the package.

In the case of cash on delivery payment the Order is dispatched as soon as the Customer’s delivery address has been verified.

All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.

The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 working days from the date of its conclusion unless indicated otherwise in the Sales Agreement.

If the Customer chooses the payment option set forth under point 1.1 or 1.3 the Product shall be dispatched as soon as payment is received.

§ 6

DELIVERY COST, TIME AND METHOD

Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.

The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is dispatched.

The order processing time takes 1 to 3 Working Days.

Products are delivered within 1 to 2 Working Days – i.e. the time declared by the carrier (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).

All Products are sent via Poczta Polska (Polish Postal Service) or a courier company (GLS).

Customers may personally collect the Product by prior arrangement by email or telephone.

§ 7

COMPLAINTS PROCEDURE

Statutory warranty process.

The legal basis and the extent of the Seller’s liability to the Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).

Notice of a Product defect and all demands should be submitted via email to the following address: sprzedawca@sklep.annes.plor in writing to the following address: ul. Agrestowa 5A, 95-070 Rąbień, Poland.

The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.

Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Agrestowa 5A, 95-070 Rąbień, Poland.

A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days.

In the case of complaints submitted by consumer Customers - the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. If a claim is decided in favour of the consumer Customer the Seller shall bear the costs and expenses incurred in connection with the pick-up, delivery and replacement of the defective Product with one free from defects.

A response to the complaint is delivered to the Consumer on paper or other tangible medium.

§ 8

RIGHT TO WITHDRAW

With the stipulation of point 10 of this chapter Consumer Customers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller). The statement can be generated with the document generator available HERE.

In the case of withdrawal from a Seles Agreement, the agreement is considered null and void, the Consumer must return the Product to the Seller or any person authorised by the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up the Product from the Consumer. To comply with the time limit it is sufficient that the Product is dispatched on time.

In case of withdrawal from a Sales Agreement the Product should be sent to the following address: ul. Agrestowa 5A, 95-070 Rąbień, Polska.

The Consumer shall be held responsible for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.

With the stipulation of points 6 and 8 of this chapter the Seller shall reimburse to the Consumer the full amount paid, including the cost of delivery without delay and no later than 14 days from the date of receiving the notice of withdrawal from the Consumer. The refund shall be made in the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed on a different refund method which does not incur any costs on the Consumer’s part.

The Shop shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of Product delivery other than the least expensive type of standard delivery offered by the Shop.

If the Seller does not offer to pick up the return from the Customer himself, the Seller may withhold reimbursement until he has received the Product back or until the Consumer has supplied evidence of having sent back the Product, whichever occurs first.

The Consumer who withdraws from a Sales Agreement under point 1 of this chapter, must only bear the direct cost of returning the Product to the Seller.

The “cooling-off” period expires 14 days after the day the Consumer received the Product, or in the case of a service after the day of concluding an agreement.

The right of withdrawal in any event does not apply to Sales Agreements for the supply of:

products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.

products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.

Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider grants access to the following Electronic Services:

concluding Product Sales Agreements,

managing the Website Account,

access to the Newsletter,

using System of Reviews.

These Terms and Conditions shall apply to all Electronic Services provided through http://sklep.annes.pl

The Service Provider reserves the right to display advertising content at http://sklep.annes.pl. Advertisements are an integral part of the online Shop front and the materials presented therein.

The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of charge.

Term of the agreement:

Electronic Services Agreements for Account management are concluded for an indefinite period of time.

Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.

Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.

Electronic Services Agreements enabling the User to post a Review on the website is concluded for a definite period of time and terminates once the User submits or ceases to submit a Review.

End-user hardware, network and software requirements for the ICT system used by the Service Provider:

a computer (or a mobile device) with an active Internet connection,

access to email account,

Internet browser,

enabling cookies and Javascript in the Internet browser.

The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.

The User is obliged to provide accurate and complete information to the Service Provider.

All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.

All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.

A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: sprzedawca@sklep.annes.pl.

The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).

The notice of termination leads to a cessation of legal relations with the effect for the future.

Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

§ 13

INTELLECTUAL PROPERTY

The compilation of all content at http://sklep.annes.pl (with the stipulation of § 13 point 3 as well as materials submitted by Users and used under a license, assignment of copyrights or fair use) is protected by copyright law andis the exclusive property ofKrzysztof Jurkiewicz trading as PRZEDSIĘBIORSTWO PRODUKCYJNO HANDLOWO USŁUGOWE “JURINEX” KRZYSZTOF JURKIEWICZ (“Jurinex” Krzysztof Jurkiewicz Manufacturing, Trading and Service Company), principal place of business and address for service: ul. Agrestowa 5 A, 95-070 Rąbień, Poland, tax identification number NIP: 7281010607, statistical number REGON: 470807879. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website http://sklep.annes.pl without the consent of the Service Provider.

Any use or reproduction of the content of the website http://sklep.annes.pl or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.

All trade names, Product names, company names or logos mentioned on http://sklep.annes.pl may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the http://sklep.annes.pl website are used for information purposes only.

§ 14

FINAL PROVISIONS

Agreements concluded through the Shop are construed in accordance with the laws of Poland.

Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.

Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this section.

Judicial dispute settlement procedures:

Any disputes arising between the Service Provider and the consumer User (Customer) shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).

Any disputes arising between the Service Provider and the non-consumer User (Customer) shall be settled by the court having jurisdiction over the Service Provider’s registered office.

Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.